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SCRANTON - Jason Dominick avoided a life sentence Saturday, but prosecutors vowed to put him away for 80 years instead.

After 20 hours of deliberations over three days, a jury found Dominick guilty of third-degree murder and conspiracy to commit third-degree murder for Frank Bonacci's July 20 shooting death.

Jurors rejected the prosecution's request for a first-degree murder conviction, sparing Dominick a mandatory sentence of life without parole. He still faces 20 to 40 years on each count, which means he could spend up to 80 years in prison if Lackawanna County Judge Terrence Nealon runs the sentences consecutively.

Lackawanna County First Assistant District Attorney Gene Talerico, the lead prosecutor, will seek the maximum 80-year sentence for Dominick. At sentencing, prosecutors can present Dominick's actions after the murder, in which he repeatedly feigned concern about Bonacci's safety and whereabouts as his friends and family searched for him. That can be considered an "aggravating" circumstance that warrants an enhanced sentence, he said.

"The fact (is) he knew where Frank was the entire time and did and said nothing. Of course we know why - because he was responsible for his murder," Talerico said. "We understand that, but that behavior was above and beyond what was necessary for him to commit the crime. That's aggravation for sure."

Dominick briefly bowed his head as Nealon read the verdict at 12:30 p.m. Saturday. Roughly 25 members of Bonacci's family and a half dozen members of Dominick's family showed no reaction. Nealon had warned spectators against any outbursts, saying they would be removed from the courtroom.

The verdict, which came three hours into deliberations Saturday, capped an 11-day trial. It initially appeared the jury might not reach a verdict as the foreperson advised Judge Nealon around 9:15 a.m. they were at an impasse. The judge read them instructions on how to deal with the issue and they began deliberating again at 9:30 a.m. They previously deliberated for 10 hours Friday and 7 ½ hours Thursday.

Talerico said he hoped for a first-degree murder conviction, but prosecutors and Bonacci's family are satisfied with the verdict.

"What's most important today are two things: Jason Dominick has been proven to be a liar and has been proven to be a killer," Talerico said. "When he entered this courtroom two weeks ago, he denied both."

Dominick's attorney, Bernard Brown, said he was disappointed with the verdict but respected the jury's decision. "Obviously, I believe in Jason's version of the events and we did everything we could to present that version of events," he said. "They seriously considered all the testimony. That's all we can ask for."

Dominick "didn't really have much to say" following the verdict, he said. "He did have some tears, " he said.

Prosecutors said Dominick shot Bonacci, 24, of Dunmore, as the men rode in Bonacci's Jeep with Neil Pal after an all-night drinking party at Pal's home on Linden Street in Scranton. Instead, Pal drove to a secluded area off Ridge Row, where prosecutors say Dominick shot Bonacci. Pal and Dominick then forced the Jeep into a ravine, where it was found seven days later.

Authorities said the murder was motivated by Dominick's jealousy over a relationship Bonacci previously had with Keri Tucker, Dominick's ex-girlfriend.

Dominick admitted to helping cover up the crime, but claimed Pal shot Bonacci. Pal, 23, is charged as an accomplice to first- and third-degree murder and conspiracy and is scheduled to stand trial starting June 2.

The jury's decision to convict on third-degree murder and acquit on first-degree murder means they found the killing was done with malice and extreme disregard for life, but it was not planned in advance. That is the key difference between the charges.

Dominick was charged as both the principal, which means he was the shooter, and an accomplice, which means he aided in the commission of the crime, but was not the shooter. The verdict slip did not specify whether the jury found him guilty as the principal or accomplice. It appears they believed him to be the principal because they also convicted him of the conspiracy count, which was based on the premise he was the shooter.

Talerico said he believes jurors, who asked numerous questions during deliberations, opted for third-degree murder over first-degree murder as a "compromise."

"Clearly there were folks who looked at this one way and folks who looked at it another way. As juries have the opportunity to do, they compromised," Talerico said.

Brown said he needs to speak to Dominick about whether to appeal. He also does not know if Dominick will testify against Pal. There have been no discussions with prosecutors regarding that matter, he said.

Dominick was returned to the Luzerne County Correctional Facility, where he will be held without bail pending sentencing. Nealon said he will schedule sentencing after he receives a pre-sentence investigation report.

Rebekah Brown, staff writer, contributed to this story.

tbesecker@timesshamrock.com

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